$1.5 Million Dollars for 86
year old man who suffered a brain injury and his wife who took
care of him.
The clients were backseat passengers in an
automobile driven by their son-in-law, when he made a left hand turn
into a parking lot and was struck by a bus. Our client suffered a skull
fracture which caused a brain hemorrhage which required a craniotomy as
well as other injuries. Our client maintained that he was left with a
significant cognitive impairment that manifested in memory difficulties
and confusion. This was disputed by defense counsel who stated that his
memory loss and other cognitive problems were the result of dementia and
not as a result of the accident. ER records indicated early signs of
dementia. However, our neurological expert attributed 90% of the
cognitive problems and memory loss to the accident and only 10% to the
early onset of dementia. There was a dispute by both parties as to
whether or not the driver in which our clients were passengers was in
the right or left lane when he was struck by the bus. We had to obtain a
traffic reconstruction expert to determine which lane the driver was in.
There were numerous depositions of all parties, medical experts, the
police officer who came to the scene of the accident and traffic
reconstruction experts. This case was further complicated by the fact
that clients resided in both New York and Romania and spent considerable
time in both places. This case was finally settled through Mediation
before a Retired Superior Court Judge.
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